Section 7: Canadian Legal System
Section Overview
Security guards work within the Canadian Legal System. They need to be familiar with the
Criminal Court System, the Ontario Evidence Act, the Canada Evidence Act and how these
apply to their positions to ensure the information they obtain is admissible in court. The trainer
outlines the difference between criminal, provincial and municipal law as well as case and civil
law, the hierarchy of the court system and offences and the requirements for the admissibility of
evidence.
Suggested Duration: In class: 3 hoursOutside class: 6 hoursMinimum Requirements
1.
Discuss the Canadian Criminal Court SystemOutline the Canadian Criminal Court System, the hierarchy of the court system and court
protocols/procedures
Describe the protocols and procedures for the purpose of giving evidence
2.
Explain commonly accepted approaches to the collection, preservation and presentation ofevidence including the handling and sealing of audio/visual materials3.
Explain relevant sections of the Ontario Evidence Act and Canada Evidence Act that pertainto admissible evidence4.
Discuss municipal by-laws
Note: There are three components in this section: Canadian Criminal Court System,Evidence Handling Techniques and Municipal By-laws.The Ontario Evidence Act and Canada Evidence Act do not specify how evidenceis collected, but identify which types of evidence are admissible to the court. Thetrainer should concentrate on what is considered evidence and which methods asecurity guard can use to ensure it remains admissible. Security guards are onlyexpected to know the municipal by-laws that relate to their role and where to findthis information if it is not readily available on their premises.Canadian Criminal Court System - OutlineSecurity guards may be required to prepare for legal proceedings, present evidence, prepare
themselves and/or witnesses for testimony and follow up on the outcome of court proceedings.
Security guards need a general understanding that all investigations should be conducted as if
the case could potentially go to trial and therefore handle themselves accordingly to ensure that
no procedural or administrative mistakes are made. The trainer covers the skills and knowledge
required to present evidence in a judicial environment.
Evidence Handling Techniques - OutlineSecurity guards protect evidence that may be used in court. The trainer will explain how to
collect, preserve, and present admissible evidence in court while preventing the evidence from
becoming contaminated. Concepts will include an introduction to the process and protocols for
handling evidence, including:
The proper procedures for collecting and handling audio/video materials
The six core steps for containing evidence:
Collect
Secure
Preserve
Identify
Continuity
Log
Municipal By-Laws - OutlineSecurity guards are required to work within the municipal by-laws of their specific location. They
need to be familiar with the common by-laws they will encounter in their position (e.g. noise bylaws,
occupancy limits, etc.) and where they can locate this information. The trainer focuses on
creating awareness that different municipal by-laws exist and need to be considered. It should
be noted that the student may obtain/require further training on by-laws relevant to his/her
specific position and that the by-laws addressed in this section are the most common to the
private security sector.
Section 8: Legal AuthoritiesSection OverviewThe trainer focuses on the broader legal context of private security to instruct the student on
his/her rights and limitations when performing duties as a security guard. The trainer will also
explain where a security guard derives his/her authority to carry out job functions.
Suggested Duration: In class: 7.5 hoursOutside class: 10 hoursMinimum Requirements
1.
List procedures for handling, storing, disseminating and destroying information of a personalnature2.
Address the relevant sections of the Personal Information Protection and ElectronicDocuments Act (PIPEDA) regarding the protection of personal information3.
Outline the relevant sections of the following legislation:▪ Employment Standards Act, 2000
▪ Labour Relations Act, 1995
▪ Liquor Licence Act
▪ Provincial Offences Act
▪ Residential Tenancies Act, 2006
▪ Trespass to Property Act
4.
Provide the following information with respect to the Criminal Code of Canada:▪ Explain the difference between indictable, summary and criminal offences and a security
guard’s authority to arrest (e.g. citizen’s arrest)
▪ List the most common offences encountered by security guards
▪ Review the sections of the code regarding defense of property and defense of persons
▪ Explain criminal harassment, mischief, assault, theft, causing disturbances, breaking and
entering and possession of stolen property under the code
5.
Explain the common elements of tort law in security situations
Note: There are four components in this section: Handling Information and PIPEDA,Additional Legislation, Criminal Code of Canada and Tort Law.Security guards are only expected to be aware of this legislation as it pertains totheir roles. The primary focus should be on best practices with respect toacquiring information to resolve security issues in the context of relevantlegislation.
Handling Information and PIPEDA - Outline
Security guards frequently deal with the collection, storage, dissemination and destruction of
information. The trainer discusses the procedures and regulations with respect to managing
information and explains how to keep information secure while ensuring that it is maintained in a
manner consistent with PIPEDA.
Additional Legislation - OutlineSecurity guards can encounter situations where they need to be familiar with the following
legislation:
▪ Employment Standards Act, 2000
▪ Labour Relations Act, 1999
▪ Liquor Licence Act
▪ Provincial Offences Act
▪ Residential Tenancies Act, 1996
▪ Trespass to Property Act
The trainer provides a brief introduction to the relevant sections to each act, addresses the risks
and dangers associated with private security and describes how each act can impact the safety
and effectiveness on site. Issues of liability should be discussed to ensure the student
understands how to complete his/her duties within lawful authority. The trainer also addresses
whose authority a security guard is acting on (acting as agent of the property owner) and
differences in private versus public property.
Criminal Code of Canada - Outline
Security guards may encounter situations in which they need to deal with indictable, summary,
or criminal offences. They need to be able to accurately identify and categorize offences when
on duty and understand how to perform a citizen’s arrest according to the Criminal Code of
Canada. The trainer introduces the code within the context of liability, duty of care and lawful
authority. Defense of property and defense of persons should also be discussed.
Tort Law - OutlineSecurity guards must ensure that they are completing their job within their lawful authority. The
trainer explains the common elements of tort law in security situations.
Section 9: Effective Communications
Section OverviewSecurity guards encounter a wide range of situations and are required to act professionally
under all circumstances. The trainer reviews the interpersonal and communication skills
necessary to adapt to different environments/scenarios and to diffuse situations when required.
The importance of using communication to one’s advantage should be emphasized.
Suggested Duration: In class: 4 hoursOutside class: 3 hoursMinimum Requirements
Communication Skills1.
Discuss the following oral and written communication skills:▪ Adjusting a communication style to accommodate an audience or situation
▪ Using verbal and non-verbal feedback
▪ Using effective and appropriate language in oral and written communication
▪ Writing legibly and clearly (e.g. minimal spelling, grammar or typographical errors)
▪ Effectively communicating main ideas orally and in writing
▪ Avoiding personal bias/opinion when communicating
▪ Asking probing questions to obtain information
▪ Conveying oral information accurately
▪ Writing accurate reports
2.
Explain tactical communication▪ Adjusting behaviour/demeanor (e.g. passive vs. aggressive) based on an individual or
situation
Interpersonal Skills
3.
Discuss the following interpersonal skills:▪ Demonstrating sensitivity/empathy to others (e.g. different cultures, persons with
disabilities, human rights issues, mental health issues)
▪ Establishing a rapport with a variety of people for the purpose of building trusting
relationships
▪ Diffusing, avoiding and managing difficult interpersonal relationships and/or potential
conflict
▪ Being assertive yet professional when interacting with the public
Note: There are three components in this section: Communication Skills, Tactical Communication and Interpersonal Skills.Communication Skills - OutlineSecurity guards must provide clear and concise information. Their position requires them to
communicate with a wide array of individuals both orally and in writing and to obtain information
from sources that may be unwilling. The trainer addresses active listening, effective writing and
note taking.
Tactical Communication - OutlineSecurity guards may need to utilize tactical communication during the course of their
assignments. They must maintain their composure and adjust their behaviour to suit the
individual and situation. The trainer explains the principles of tactical communication (both
verbal and non-verbal, including posture, tone, assertiveness, spatial distance, eye contact,
facial expressions) and de-escalation techniques with progressive intervention steps.
Interpersonal Skills - OutlineSecurity guards often interact with a variety of individuals during the course of their duties. Their
conduct is vital to the professional image of the security industry as a whole. The trainer
describes proper conduct and deportment, how to adapt quickly to different situations and how
to perform duties in a culturally appropriate manner. Security guards should be able to scan for
potential problems and act in a preventative way to avoid any escalation of events.
Section 10: Sensitivity TrainingSection OverviewSecurity guards often interact with the public on a daily basis. It is important they approach
individuals with respect to avoid any biases that may impact how they interrelate with others.
The trainer addresses prejudices against ethnic backgrounds, persons with mental or physical
disabilities and gender and sexual orientation.
Suggested Duration: In class: 3 hoursOutside class: 2 hoursMinimum Requirements
Discuss the following issues:
1.
Recognizing one’s own biases and describing how these can influence situations2.
Recognizing the impact of mental, physical, cultural and sexual differences on situationaldynamics
OutlineSecurity guards may be required to interact with diverse groups of individuals on a regular
basis. The trainer introduces the concept of respect for differences, identifies potential issues
that may arise when dealing with a variety of people (e.g. communication difficulties,
misinterpretation of gestures) and how to approach individuals in a way that minimizes
miscommunication.
Section 11: Use of Force TheorySection OverviewSecurity guards may be required to use force during certain situations. The trainer explains use
of force theory, the components of the use of force model and how to maintain composure
during potentially stressful situations. Students need to attend specialized training to learn how
to use defensive equipment and to apply use of force options.
Suggested Duration: In class: 2 hoursOutside class: 2 hoursMinimum Requirements
1.
Explain the authority to use force under the Criminal Code of Canada▪ Discuss the use of force model and its framework components
▪ Explain how to choose an appropriate use of force component and justify an action
2.
Discuss how to act under stress and maintain composure3.
Explain positional asphyxia and excited deliriumOutlineThe trainer explains use of force theory based on the National Use of Force Model (modified for
security guards) and outlines Section 25 of the Criminal Code of Canada. Security guards can
be put in situations where they need to maintain their professional composure even when under
a high level of stress. The trainer will also address how to control a situation by asking
questions, dealing with difficult customers/clients/suspects, managing stress when isolated or
fatigued and personal health issues such as overall stress levels, stress factors, cleanliness,
nutrition, lifestyle and fitness. Positional asphyxia and excited delirium should also be
discussed.
Section 12: Emergency Level First Aid
Section Overview
First aid training and certification is a requirement of the basic training program for security
guards. An accredited trainer provides instruction that is equivalent to the St. John Ambulance
course Emergency Level First Aid.
Suggested Duration: In class: 6.5 hours
Minimum Requirements
1. The following topics must be covered:
▪ Emergency Scene Management
▪ Shock, Unconsciousness and Fainting
▪ Choking – Adult
▪ Severe Bleeding
▪ One Rescuer CPR – Adult.
2. Training must be delivered by:
▪ A St. John Ambulance certified instructor, or
▪ A Workplace Safety and Insurance Board (Ontario) approved first aid trainer
Instructed by:
Samir Seif
Samir is currently Ontario Chief Tactical Instructor for CSSDSC and its Ontario Director. Experienced in former private training to undisclosed operations in the U.S. and Canada. He is also a former executive protector to high level corporate assets. Known as one of the main edged weapon defense innovators in Ontario, he continually seeks to perfect reality based training. A long standing Use of Force empty hand and blunt tools/weapons trainer, Samir has taught combat, martial arts and defensive tactics for 20 years. He is considered a master of close quarter combat and defensive tactics and was awarded 2010 Tactical Instructor of the year: CQC edged and Blunt Tools Instructor by the WHFSC. Samir has embraced and continues to enhance security professionalism in Ontario and Canada.
Specialty training in Close Range Medium Impact Tools (weapons), Baton and Handcuffing available. Security Guards Standards Course prerequisite if not an emergency or Law Enforcement/Correctional personnel.
For more information about Samir and his training please visit his website at http://www.samirscombatreaction.com/
Last Updated ( Wednesday, 08 February 2012 17:28 )